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Oct 9, 2012
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it was an american who piloted the french fleet 60 miles from the iles de los to the sierra leone river. and that was -- if you read grammatically, we think that is what attorney general bradford was referring to. >> but -- >> ms. sullivan, before your time runs out, i mean, you have said, candidly, that if filartiga were to come up today, if marcos were to come up to this forum, there would be no basis under the alien tort statute. but assume for the moment that those two cases -- that we accept them -- to accept them. is there anything different about your case? >> yes, your honor. there are many -- many differences between us and filartiga. for one, this is a case in which there is a class action against a corporation. and if you don't agree with us on the lack of extraterritorial application, we still maintain that the ats does not apply to corporations. second, there is -- there was a -- there's an allegation here of aiding and abetting a foreign government. it was unclear in filartiga whether the paraguayan was acting within or without the state's authority, but -- and he was late
it was an american who piloted the french fleet 60 miles from the iles de los to the sierra leone river. and that was -- if you read grammatically, we think that is what attorney general bradford was referring to. >> but -- >> ms. sullivan, before your time runs out, i mean, you have said, candidly, that if filartiga were to come up today, if marcos were to come up to this forum, there would be no basis under the alien tort statute. but assume for the moment that those two cases --...
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Oct 5, 2012
10/12
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leon colony, which was a british territory. the idea that the statute could never be used extra territoryly was an extreme position. and i think the idea that corporations can never be sued, that you can signal out that category of defendants, that they can never be sued is also an extreme position they don't think is well supported. and i think the other thing that shell and -- at least sun of mecki did was take a position about the principle of international law. one of the principles of international law is that states have the right to act unless there's something that prevents them from acting. the question is do states, meaning governments, countries, do they have the ability to enforce international human rights law in various ways? can they do that by implementing principles of universal jurisdictioning where, if tortures appear on your shores, whether within your territory or whether the torture is one of your nationals, can those governments take action in support of the entire international community so that we can e
leon colony, which was a british territory. the idea that the statute could never be used extra territoryly was an extreme position. and i think the idea that corporations can never be sued, that you can signal out that category of defendants, that they can never be sued is also an extreme position they don't think is well supported. and i think the other thing that shell and -- at least sun of mecki did was take a position about the principle of international law. one of the principles of...
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Oct 18, 2012
10/12
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some countries that recently discovered oil reserves are liberia, sierra leone, mozambique. not long ago, they were all embroiled in deadly conflicts. their political situations are still fragile. so these need support to ensure that their energy resources don't end up causing more suffering and trouble than good. so the united states is working with eight new oil and gas producing countries to put into place the building blocks of good governance, including political institutions, transparent finances, and effective laws and regulations. in uganda, for example, we're helping the government adopt strong environmental protection laws and regulations because of oil and gas development is happening in ecologically fragile areas. we're also increasing our support for the extractive industries and transparency initiative, an international program that promotes transparency and accountability in the oil-gas and mining industries. a year ago, president obama announced that the united states joined this organization as a signal of our commitment to this issue and we are only the sec
some countries that recently discovered oil reserves are liberia, sierra leone, mozambique. not long ago, they were all embroiled in deadly conflicts. their political situations are still fragile. so these need support to ensure that their energy resources don't end up causing more suffering and trouble than good. so the united states is working with eight new oil and gas producing countries to put into place the building blocks of good governance, including political institutions, transparent...
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Oct 7, 2012
10/12
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leone colony. there were seeking redress for those things, for destroying libraries, for destroying freetown, not just about things that happen on the high seas and not just about things that happened in territorial waters, it is clear that that is true. obviously you have those materials. you can read it. attorney general bradford said there was no doubt that there was an fet s action. >> there is also a u.s. perpetrator. >> well, that is true. but with respect to the presumption against extraterritoriality, it would not matter if it was a u.s. perpetrator or not. it shows exactly what the presumption can apply because it would undermine the very purposes of the statute in the best available evidence that we have a about what it meant in the era. i would like to give a hypothetical that i think reveals why the u.s. government position should not be accepted. suppose there is an iranian corporation as a relief supplies poison gas to the current syrian regime in order to kill tens of thousands of ku
leone colony. there were seeking redress for those things, for destroying libraries, for destroying freetown, not just about things that happen on the high seas and not just about things that happened in territorial waters, it is clear that that is true. obviously you have those materials. you can read it. attorney general bradford said there was no doubt that there was an fet s action. >> there is also a u.s. perpetrator. >> well, that is true. but with respect to the presumption...